Agenda 09/13/2011 Item #16J89/13/2011 Item 16.J.8.
EXECUTIVE SUNEWARY
Recommendation to approve an Interlocal Agreement for Election Services
pertaining to services and voting equipment used by the City of Everglades City in
connection with an election to be held on November 22, 2011.
QWECTIVE: To obtain Board of County Commissioner approval and authorization for
its Clair to sign and enter into a Interlocal Agreement for Election Services with the
Collier County Supervisor of Elections and the City of Everglades City for election
services for the November 22, 2011, Everglades City election. The agreement is among
the Collier County Board of Comissioners as owners of the voting and ballot tabulation
equipment, the Collier County Supervisor of Elections as custodian of the County's
voting and ballot tabulation equipment and the City of Everglades City as the party
holding the election.
CONSIDERATIONS; Past practice has been for the Board of County Commissioners
to authorize the use of the County's voting equipment for local municipal elections. In
accordance with this longstanding practice, the- attached interlocal agreement identifies
the equipment and services that will be provided for the Everglades City election to be
held November 22, 2011, and the respective duties and responsibilities of the parties.
FISCAL IMPACT: The Collier County Supervisor of Elections will render a bill to the
City of Everglades City to be paid to the Collier County Board_ of County
Commissioners.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office, is legally sufficient for Board action and only requires a
majority vote for approval —SRT.
GROWTH MANAGEMENT INPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Collier County Board of County Commissioners
approves the proposed Interlocal Agreement for Election Services and authorize its
'Chairman to sign the attached Agreement.
Prepared by. Jennifer J. Edwards, Supervisor of Elections
Attachments: Interlocal Agreement for Election Services
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COLLIER COUNTY
Board of County Commissioners
9/13/2011 Item 16.J.8.
Item Number: 16.7.8.
Item Summary: Recommendation to approve an Interlocal Agreement for Election
Services pertaining to services and voting equipment used by the City of Everglades City in
connection with an election to be held on November 22, 2011.
Meeting Date: 9/13/2011
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
8/23/2011 10:44:19 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
8/23/2011 10:44:20 AM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 8/23/2011 11 :31 :45 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 8/23/20115:11:30 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/25/20113:33:54 PM
Name: SheffieldMichael
Title: Manager - Business Operations, CMO
Date: 8/26/2011 11:01 :38 AM
�1
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9/13/2011 Item 16.J.8.
INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among the City of Everglades City, Collier County and the Collier County Supervisor
of Elections
This Agreement for Election Services (Agreement) is for the November 22, 2011, City Council
Election, and is by and among the City of Everglades City ("City'% Collier County, by and through the
Collier County Board of County Commissioners ( "County "), as owners of the County's voting and
ballot tabulation equipment, and the Collier County Supervisor of Elections ( "Supervisor "), as
custodian of the County's voting and ballot tabulation equipment.
WIT`NESSETH
In consideration of these premises, the sum of Ten Dollars ($10.00), and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is
agreed by and between the parties as follows:
1. This Agreement is entered into pursuant to the provisions of the Florida Interlocal Cooperation
Act of 1969, set forth in §163.01, et seq., Fla. Stat., and is further authorized pursuant to the parties'
respective home rule powers granted by the Florida Constitution.
2. The City represents that under the terms of the City Charter, the City is responsible for the conduct
of all its municipal elections except when the City chooses to call a special election to be held by mail
ballot. Nothing in this Agreement shall be construed to imply that the County or the Supervisor
interpreted the provisions of the City's charter or interfered in any way with the City's exercise of its
home rule powers pursuant to the conduct of the City election.
3. To facilitate the City's conduct of its November 22, 2011, election, the Supervisor shall perform
those duties expressly and implicitly contained in this Agreement.
4. The City is responsible for obtaining preclearance from the U.S. Department of Justice, if
necessary, and shall provide to the Supervisor and the Florida Attorney General copies of any letters
and documents pertaining to the same. Said copies shall be provided to the Supervisor within two (2)
business days of receipt from or transmittal to the U.S. Department of Justice.
5. Subject to the terms of this Agreement, the County agrees to deploy the following items to
conduct the City's election:
• 2 DS 200 optical scanners;
2 EViDs, with battery backups;
• 2 iVotronic ADA units with booths;
• 1 laptop computer (if needed);
a all precinct signs and required notices;
W 1 precinct file caddy and supplies;
• 3 voting booths; and
2 cell phones for use by the CIerk.
6. The Supervisor is responsible for preparing all voting equipment and materials for the election to
the standards established by the Florida Election Code and the Division of Elections. The City is
responsible for any direct costs associated with the same.
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9/13/2011 Item 16.J.8.
• 1 Cell phone for use by Clerk
6. The City shall arrange for the voting equipment preparation to occur between the hours of
8:30 a.m. and 4:30 p.m. on Thursday and/or Friday preceding the election date. Nothing in this
Agreement shall be construed to require the County or the Supervisor to arrange for the installation
and delivery and pickup of voting machines or equipment to the City or to the poll sites for use on
Election Day, or to provide the setup of equipment for use by the City.
7. The City shall arrange to accept delivery of voting equipment supplies from the Elections
Warehouse between the hours of 8:30 a.m. and 4:30 p.m. on the Monday preceding the election
date. The Supervisor shall provide all oaths, forms, and training materials to the City's Election
Workers.
8. No later than the day following the election, the City shall check and clean out the equipment
to ensure that no City election supplies remain in the file caddy.
9. The Supervisor shall remove all election materials from the voting booths and return the same
to the City for retention.
10. No later than 5:00 p.m. of the Friday immediately following the election, the City shall
remove its supplies — both used and unused -- and transfer them to the City's own storage facility.
11. The City shall use the County's certified tabulating systems, and pay directly to the Supervisor
all costs for programming, on -site election support, and any repairs required as a result of the
City's use.
12. Nothing in this Agreement shall require the County or the Supervisor to arrange for the
acquisition of additional equipment for use by the City at its poll sites should such equipment not
already be in the County's inventory.
13. Neither the County nor the Supervisor shall be held accountable for equipment needs not
contained within this Agreement. There shall be no last minute adjustments to this Agreement for
equipment or consumable supplies.
14. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot
tabulation equipment components enumerated herein:
• Unity Election System including
• Data Manager
• Ballot Image Manager
• Hardware Programming Manager
• Data Acquisition Manager
15. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the
following additional conditions:
• The City shall utilize the services-of the staff of the Supervisor to program the system for
ballot tabulation of the City election
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9/13/2011 Item 16.J.8.
• The City shall not remove the ballot tabulation equipment from the Collier County
Government Center where it is in the Supervisor's custody or take any action, which would
,jeopardize the security of the system or interrupt the custody chain.
• The City shall be present to conduct the Logic & Accuracy Test at 9:00 a.m. on Tuesday,
one week prior to the election at the office of the Supervisor.
• After Certification, the City shall arrange for storage of the Logic & Accuracy Test at a site
other than the Collier County Government Center.
• The City's failure to comply with any of these provisions, as determined by the Supervisor,
shall constitute adequate grounds for termination of this Agreement for convenience by the
Supervisor, on behalf of the Supervisor and the County, upon five (5) calendar days notice
from the Supervisor to the City. However, any such termination for convenience by the
Supervisor shall not relieve the City from fully complying with any of its outstanding
obligations under this Agreement.
lb. The Supervisor's office shall be and is solely responsible for the content and format of any
affidavits and training materials used in the course of its election.
17. The Supervisor shall be responsible for any training of City's election workers, and the
development of its training materials. The City Clerk or her representative will attend all training
sessions. The City shall be liable for all actions taken by the City's election workers during the
course of its election day. The City shall enforce §102.031(4) and (5), Fla Slat. (2008), which
provides:
(4)(a) No person, political committee, committee of continuous existence, or other group
or organization may solicit voters inside the polling place or within 100 feet of the entrance
to any polling place, or polling room where the polling place is also a polling room, or
early voting site. Before the opening of the polling place or early voting site, the clerk or
supervisor shall designate the no- solicitation zone and mark the boundaries.
(b) For the purpose of this subsection, the terms "solicit" or "solicitation" shall include, but
not be limited to, seeking or attempting to seek any vote, fact, opinion, or contribution;
distributing or attempting to distribute any political or campaign material, leaflet, or
handout; conducting a poll except as specified in this paragraph, seeking or attempting to
seek a signature on any petition; and selling or attempting to sell any item. The terms
"solicit" or "solicitation" shall not be construed to prohibit exit polling.
(c) Each supervisor of elections shall inform the clerk of the area within which soliciting is
unlawful, based on the particular characteristics of that polling place. The supervisor or the
clerk may take any reasonable action necessary to ensure order at the polling places,
including, but not limited to, having disruptive and unruly persons removed by law
enforcement officers from the polling room or place or from the 100 -foot zone surrounding
the polling place.
(5) No photography is permitted in the polling room or early voting area.
The Supervisor shall train all deputies on the above - referenced rule.
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18. The City shall be responsible for all activity relating to any absentee ballots it chooses to
provide voters for its election, including processing requests; addressing absentee envelopes; and
verification of voter signatures, the Supervisor will verify signatures that are faxed to the office.
19. The Supervisor shall prepare and advertise bilingually .the voter registration book closing in
accordance with general law and obtain an Affidavit of Publication for same. Said advertisement
shall subsequently be billed to the City, which shall be responsible for payment. With the sole
exception of the voter registration book closing advertisement, the City shall publish bilingual
advertisements for all required election notices in a newspaper of general circulation within the
County.
20. The City shall provide the necessary training and personnel on Election Day to verify absentee
voter signatures, open absentee ballots, and prepare the voted ballots for actual tabulation. Such
work shall be conducted under the rules established by the City Canvassing Board.
21. The City shall be responsible for retention and destruction of all election materials in
conformity with applicable State and Federal laws.
22. With the exception of activities relating directly to the Supervisor's determinations regarding
voter registration and eligibility, and to the extent permitted by law, the City shall pay for the
Supervisor's selection of defense counsel and indemnify and hold harmless the County, the
Supervisor, their officers, agents, and employees, from and against any and all actions, in law or in
equity, from liability or claims for damages, injuries, losses, and expenses including attorney's
fees, to any person or property which may result now or in the future from City's activities
associated with this City election, arising out of or resulting from any and all acts of omission or
commission relating to the City's election or the City's responsibility under this Agreement.
Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense
counsel and indemnify and hold harmless the County, the Supervisor, their officers, agents and
employees, from and against any and all actions, in law or in equity, from liability or claims for
damages, injuries, losses, and expenses, to any person or persons authorized by the City, its
employees, or agents to participate in the City election when not otherwise authorized or eligible,
or from events relating expressly to City election activity.
23. All costs, including attorney's fees and court costs, shall be paid by the City for:
a. Litigation involving payment due to the County or Supervisor and for collection for any
judgment recorded against the City, and
b. Litigation involving the City's election whether brought by an elector, the U.S.
Department of Justice, or others.
24. To lease voting units, and other supplies listed within this contract, the fee shall be $100 per
voting unit ($100 x 3 units = $300). The fee shall cover replacement parts and shipping necessary
to repair any damages to the County's voting unit or equipment leased to the City. In the event the
cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the County
for the difference. The fee of $300.00 shall be paid to the Supervisor no less than 45 days prior to
Election Day. The City agrees to pay for training, tabulation materials, ballot setup and precinct
registers in the amount of $1,800.00, additional charges may apply for Spanish translation at a rate
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9/13/2011 Item 16.J.8.
of $ .25 to $ .50 per word with a minimum charge of $25.00. The Supervisor will bill this amount
after the election.
25. Within 10 calendar days of the City election date, the City shall provide any replacement parts
or equipment that were lost, stolen, or damaged while in the City's possession.
26. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay
the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be
actual costs associated with the following;
• Advertising the voter registration book closing
• Staff labor costs for work unique and peculiar to the City's election
• $.0125 per page of county Precinct Register paper if used (does not include data processing
sorts or printing costs)
0 $.15 per page for 8.5" x 11" or 8.5" x 14" copies
• $.20 per page for duplexed copies
0 Any expenditures required by the City's election and paid by the Supervisor.
27. Notwithstanding all provisions for payment set forth in this Agreement, the City shall be
responsible for all costs associated with manpower, equipment, postage, and any other election
costs, whether or not specifically set forth in this Agreement.
28. Nothing in this Agreement relieves the City of its responsibility to develop security
procedures for its election. The County and Supervisor responsibility for security regarding the
City's election are limited to those items contained in the attached Exhibit A.
29 The County and the Supervisor have no liability for costs or expenses or other liability
incurred by the City in preparation for this election should the U.S. Department of Justice note an
objection in its response to the Mayor's request. Further, should there be a response noting an
objection which would delay or prohibit the conduct of the election, the City is not relieved of any
related financial obligation owed to the County and Supervisor arising from fees, goods and
services, or other costs and expenses whether or not specifically set forth in this Agreement,
incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the
Department of Justice objection.
30. The City shall obtain an insurance policy which shall name the County as additionally insured
or agree to provide coverage through the City's self - insurance and shall assure that the County will
have no financial obligation which includes the City's responsibility for paying any deductible for
any damages to the County's voting and ballot tabulating equipment and systems used in a City
election. A copy of the City's Certificate of Insurance identifying the County as an additional
insured is attached hereto as Exhibit `B."
31. in the event there is an election protest, contest, or sequestration order arising from the City's
election involving any component of the County's voting system and/or equipment which would
preclude its further use until the matter has been resolved by the courts, and the County has an
election scheduled where the equipment must be used, the City shall make a $25,000 security
deposit to Collier County within four calendar days of the issuance of the sequestration order for
the tabulation component and an additional $25,000 if voting units are involved. The unused
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balance on the security deposit shall be returned to the City when the legal matter has been
resolved and the equipment has been returned.
32. The City shall arrange for candidates, candidate supporters, and members of the press to
congregate and await election results in some publicly accessible meeting area such as the County
Commission meeting room, City Hall, or other comparable location. Candidates only may be
given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its
precinct election workers, its election night workers, and the Elections employee designated with
custodial supervision of the facility for the day will be admitted to the secured am for processing.
33. This Agreement shall be valid only for the City's election held November 22, 2011.
34. In the event any part of this Agreement is determined to be unenforceable by a court of
competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement.
IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand
and seal this 'STS, day of LeG►t� o , 2011 by the City Council of the City of
Everglades, and this day of , 2011 by the Collier County Board of
County Commissioners and the Supervisor of Elections of Collier County.
ATTEST: Collier County Board of County
Dwight E. Brock, Clerk Commissioners
, Deputy Clerk
Approved as to form and legal sufficiency
for the County:
5xv
Scott Teach
Deputy County Attorney
ATTEST: B
n .. 1
Dottie Smallwood, City Clerk
City of Everglades
Approved as to firm and legal sufficiency
for the City:
Overglades City Attorney
1tu,t S. Tyra_ -tiskt 'El
Fred Coyle, Chairman
Supervisor of Elections of Collier County
Jennifer J. Edwards, Supervisor of Elections
City of Everglades City
not l,��...r U. moor
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Exhibit A
Collier County, Florida
e.19.1 SECURITY PROCEDURES for Stand Alone Municipal Elections
(not scheduled concurrently with statelcounty dates or mail ballot elections)
I . The Elections Office will advertise the registration book closing.
2. The Elections office will provide the City with a precinct -by- precinct demographics report within seven
days of registration book closing.
3. On the 6th day preceding Election Day, the Elections Office will run the computer sort to produce
precinct registers for use by the City (not required for mail ballot election or if EViDs are used).
4. On the 4th day preceding Election Day, the Elections Office shall deliver the precinct register(s) to the
City Clerk no later than 5:30 p.m. (not required for mail ballot election or if EVIDs are used).
5. If the City leases the County's voting equipment (not supplies), permission must be obtained from
both the Board of County Commissioners and the Supervisor of Elections for each election date. The City
shall provide the County with an itemized list of requested equipment no less than 45 days prior to Election
Day. The County shall not be required to provide equipment it does not have nor shall it be required to
provide all equipment requested.
6. if authorized by the County, the City shall arrange to pick up the leased equipment and deliver it to
their polling place(s).
7. The City shall return leased County equipment to the Elections Office no later then the day after the
election. The equipment shall be in the same condition as when it was received by the city.
8. If the City issues absentee ballots, the Elections Office will, prior to the canvass of votes, provide the
City with records access for their verification of voter signatures on absentee ballots brought to the
Elections Office by the City or the Supervisor will verify signatures that are faxed to the office.
9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct
register(s), if used, organized in ascending precinct order. No later than the 3rd day after the election, the
City shall deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the
Elections Office in updating elector records.
10. If the City leases the County's ballot tabulation system, only the Supervisor of Elections Security
procedures for building and system access shall apply. The City shall be responsible for all other security
measures for its procedures and supplies.
11. The Elections Office shall retain the precinct register(s) for twenty -two (22) months, if used, and then
shall seek Bureau of Archives authorization for destruction.
12. All candidate information, amendments, and referendums must be submitted to the Supervisor of
Elections no later than the 461" day prior to the Election, the last day of qualifying. All audio files with tape
recorded spoken name of candidate will be made available to the Election Systems and Software at the
same time. The Supervisor of Elections will invoice The City of Everglades all costs of the audio ballot.
13. Elections costs shall include, but not be limited to expenditures for all paper supplies including
envelopes, instructions to voters, affidavits, precinct registers, reports, ballots, postage, notices to voters,
advertisements, testing of equipment, sample ballots, data processing time and supplies, delivery and pick
up of equipment, records retention and labor costs, including those costs uniquely associated with absentee
ballot preparation and canvassing. These costs will be the responsibility of the County and billed to the
City.
14. The cost of elections workers, rovers, and polling locations shall be the responsibility of the City
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